Recent Supreme Court Rulings on the Foreign Sovereign Immunities Act
The U.S. Supreme Court building in Washington, D.C. (Ron Coleman, https://tinyurl.com/8p4wkd8b; CC BY-NC 2.0, https://creativecommons.org/licenses/by-nc/2.0/)
On Feb. 3, in a unanimous decision written by Chief Justice John Roberts, the Supreme Court held in Federal Republic of Germany v. Philipp that U.S. courts did not have jurisdiction over claims against Germany asserted by the heirs of German Jewish art dealers who were compelled to sell property to the German state of Prussia during the Nazi regime. Philipp concerned the expropriation exception to the Foreign Sovereign Immunities Act (FSIA), which notes that U.S. courts may have jurisdiction over foreign sovereigns when property is taken in violation of international law. In issuing its decision, the Supreme Court found that the expropriation exception does not apply to a foreign sovereign’s takings of its own nationals’ property.
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